Introduction
The provisions of arrest under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) have been incorporated in detail and there are special provisions in the BNSS for arrest of women. In this article, we will examine the sections which deal with arrest of women under BNSS.
Arrest of Women:
Section 43(5) BNSS specifically prohibits the arrest of women after sunset and before sunrise unless exceptional circumstances exist. In such cases, a woman police officer must obtain prior permission from a first-class Judicial Magistrate.
Further safeguards are outlined in Section 179(1) BNSS, which prohibits calling women to police stations or other locations for questioning, except at their residence.
Watch JudiX’s 1 minute video lecture on Arrest and Anticipatory bail under BNSS
The case of Sheela Barse vs. State of Maharashtra (1983) emphasized the duty of police officers to segregate arrested females from men and ensure separate lock-ups or rooms in the absence of dedicated facilities.
Search Procedures and Protections:
During search procedures (Section 44 and Section 49 BNSS), special provisions apply to women.
Proviso of Section 43(1) BNSS mandates that when arresting a woman, her submission to custody can be taken on oral intimation, and unless circumstances dictate otherwise, a male police officer should not physically touch the accused woman.
Proviso of Section 44(2) BNSS requires notice to be given to a woman if the premises to be searched is her original residence, especially if she customarily does not appear in public.
Additionally, Section 49(2) BNSS mandates that the search of women should be conducted by another female with strict decency.
Medical Examination of Arrested Women:
Section 53(1) of BNSS allows for the medical examination of an accused person when it can aid in procuring evidence related to the offense.
However, Proviso to Section 53(1) stipulates that when a woman undergoes examination, it must be conducted by or under the supervision of a female registered medical practitioner.
Rights of Arrested Women:
Arrested women are entitled to various rights, ensuring their fair treatment and dignity:
1. Right to Free Legal Aid: Article 39A of the Constitution provides the right to free legal aid, including representation in court, for those unable to bear the expenses. Section 341 of BNSS specifies that State Legal Services Authorities bear the costs, extending this right to arrested women.
2. Right to Be Informed: Section 47(1) of BNSS grants the right to be informed of the grounds of arrest. The case of D.K. Basu vs. State of West Bengal (1986) affirmed this right for both men and women. Section 47(2) of BNSS ensures that a woman is informed of her right to be released on bail for non-bailable offenses.
3. Protection Against Manhandling and Handcuffing: Section 43(1) BNSS emphasizes that touching an accused woman is only permitted if necessary, and it should be done by a female police officer, barring absolute necessity. The case of Vibin P.V. vs. State of Kerala (2012) emphasises the duty of the law to protect individuals from police abuse.
4. Right to Inform Relatives or Friends: Police officers must immediately inform relatives or friends of the arrested person, maintaining transparency about the arrest and location.
5. Rights During Detention: Section 57 of BNSS mandates written orders for arrests, specifying the person to be arrested and the offense. Modesty considerations dictate separate lock-ups for men and women, as observed in Gandharba Rath vs. Aparti Samal (1959).
FAQs on Arrest of Women under Bharatiya Nagarik Suraksha Sanhita (BNSS)
Q1: What are the specific provisions in BNSS regarding the arrest of women?
A1: Section 43(5) of BNSS prohibits the arrest of women after sunset and before sunrise unless exceptional circumstances exist. Section 179(1) further safeguards women by restricting their questioning at police stations, except at their residence.
Q2: How does BNSS address the segregation of arrested women?
A2: The case of Sheela Barse vs. State of Maharashtra (1983) emphasized the duty of police officers to segregate arrested females from men and ensure separate lock-ups or rooms, especially in the absence of dedicated facilities.
Q3: What special provisions exist for women during search procedures under BNSS?
A3: During search procedures (Section 44 and Section 49 BNSS), women receive special consideration. Proviso to Section 43(1) prohibits unnecessary physical contact during arrest, and Proviso to Section 44(2) mandates notice to be given before searching a woman's original residence. Section 49(2) ensures that the search of women is conducted by another female with strict decency.
Q4: What safeguards are in place for medical examinations of arrested women?
A4: Section 53(1) allows medical examination of an accused person, but the Proviso specifies that when a woman undergoes examination, it must be conducted by or under the supervision of a female registered medical practitioner.
Q5: What rights do arrested women have under BNSS?
A5: Arrested women are entitled to various rights, including:
- Right to Free Legal Aid: Section 341 of BNSS specifies that State Legal Services Authorities bear the costs, ensuring legal representation.
- Right to Be Informed: Section 47(1) grants the right to be informed of the grounds of arrest, and Section 47(2) ensures that a woman is informed of her right to be released on bail for non-bailable offenses.
- Protection Against Manhandling and Handcuffing: Section 43(1) emphasizes that touching an accused woman is only permitted if necessary, and it should be done by a female police officer.
- Right to Inform Relatives or Friends: Police officers must immediately inform relatives or friends of the arrested person.
- Rights During Detention: Section 57 mandates written orders for arrests, and separate lock-ups for men and women, as observed in Gandharba Rath vs. Aparti Samal (1959), considering modesty.
Arrest of Women under BNSS (Bharatiya Nagarik Suraksha Sanhita)
Комментарии